Playing field must be fair and level

As of this writing, U.S. Senate Bill 109 — the Government Neutrality in Contracting Act — has nine co-sponsors. Among them are U.S. Sens. Kelly Ayotte of New Hampshire and Susan Collins of Maine.

We are writing to urge Maine's other senator, Angus King, and New Hampshire's Jeanne Shaheen to also co-sponsor the effort. On the House side the bill is H.R. 436 where it has 55 sponsors and, as we urged of Sens. King and Shaheen, it should receive the support of Maine's Congresswomen Carol Shea-Porter and Annie Kuster, along with Maine Reps. Chellie Pingree and Michael Michaud.

S. 109 and H.R. 436, would lift the requirement that those who bid on government contracts be arbitrarily governed by union rules and pay rates rather than the best bang for the buck.

In 2009, President Obama signed an executive order promoting the use of government-mandated project labor agreements (PLAs), “which effectively denied qualified merit shop contractors and their skilled employees a fair chance to build billions of dollars' worth of taxpayer-funded projects,” notes Associated Builders and Contractors spokesman Greg Hoberock. “This bad public policy resulted in increased costs, delays and discrimination against the 86.8 percent of the U.S. private construction workforce that chooses not to join a labor union.”

In New Hampshire we have direct experience with the results of the president's PLA. It has delayed construction of the $35 million Manchester Job Corps Center — and the corresponding construction jobs — for going on most of four years.

And what's more, it once threatened to arbitrarily put the job in the hands of an out-of-state company and out-of-state workers. Under the president's PLA order, Sen. Ayotte was told late last year, “that only three companies bid on the work, all from out of state.”

Thankfully, President Obama was convinced to lift his PLA for the Job Corps Center — the result of legal action and, we believe, political pressure. Even so, the bid due date has been extended to Feb. 14 of this year. Some of this delay was expected, the result of questions submitted by vendors and vendors amending their bids based on those answers. But it was the Obama PLA that wasn't lifted until 2012 which has caused most of the pending financial benefits of construction and job growth to be delayed.

But there is good news. Sen. Ayotte's office reports there are now 13 interested vendors from New Hampshire. While we understand this doesn't give the Granite State a lock on the jobs, it is a clear indication that lifting the PLA has helped level the playing field and opened up competition for the contract. And that most likely means taxpayers will get a better bang for their buck.

Proponents of PLAs argue that they establish standards the insure quality work. If that were true those standards would not have to be tied to union terms and conditions, such as pay scale. What is needed to insure the job gets done right is already required. Bidders need to provide documentation, bonding and proof they are qualified to do the required work.

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If all goes as now planned bids will be opened on Feb. 14 and the low bidder selected, assuming it meets all required criteria. The contract is expected to be formally awarded a few weeks later.